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Old 08-12-2003, 11:09 AM   #1
clintl
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Al Franken Sued By Fox News

http://story.news.yahoo.com/news?tmp...ision_fox_dc_2

Isn't parody and satire of this sort allowed under Fair Use laws? Franken is known first and foremost as a satirist. It is pretty obvious that Franken is using the term "Fair and Balanced" in a satirical sense as part of his book title, and no one is going to be confused that this is a Fox News publication. So what case does Fox have?

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Old 08-12-2003, 11:15 AM   #2
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Re: Al Franken Sued By Fox News

Quote:
Originally posted by clintl
http://story.news.yahoo.com/news?tmp...ision_fox_dc_2

Isn't parody and satire of this sort allowed under Fair Use laws? Franken is known first and foremost as a satirist. It is pretty obvious that Franken is using the term "Fair and Balanced" in a satirical sense as part of his book title, and no one is going to be confused that this is a Fox News publication. So what case does Fox have?


Hey, if Spike Lee can keep a cable station from changing its name, anything is possible.

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Old 08-12-2003, 11:17 AM   #3
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Re: Re: Al Franken Sued By Fox News

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Originally posted by TroyF
Hey, if Spike Lee can keep a cable station from changing its name, anything is possible.

TroyF


In the end, he didn't.
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Old 08-12-2003, 11:19 AM   #4
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Re: Re: Re: Al Franken Sued By Fox News

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Originally posted by clintl
In the end, he didn't.


They settled out of court. He got money from his lawsuit and ended up tying up the changing of the stations name for over a month. He won. I don't know how, but he won.

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Old 08-12-2003, 11:20 AM   #5
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More interesting, I thought, was an interview Franken gave about his book to Alternet:

Link
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Old 08-12-2003, 11:28 AM   #6
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"Well, you bring up an interesting point, because it seems that one of the tactics of the right wing when they are confronted with the facts or proof of their lies, they just switch gears."

Good God, doesn't anyone just ask semi-unbiased questions any more? Why is there even an interviewer at this point? Why not just let Franken write out a narrative about what he wants to say?

For the record, I thinnk Al Franken respresents the liberal's best chance to replicate Rush's success. He's damned funny, even if I abhor his politics. I was flipping channels one night and came across a commencement speech he gave in 2001 or 2002, and I sat there watching him for about 45 minutes.

He's the kiind of entertainer the liberals need. I just hope they keep him buried. You can't count on making an impression on the masses by selling a $25 book every 9 months.
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Old 08-12-2003, 11:31 AM   #7
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I could not agree less with Franken about political issues, but I enjoy his books. Generally, I would completely side with him on this issue, but he does have a history of attacking O'reilly and Fox. Because of this, I think Fox has a credible enough claim that Franken's work is something other than satire and that he intends to cause harm. It will be interesting to see what a court thinks.
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Old 08-12-2003, 11:33 AM   #8
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dola, that was hardly an "interview." it was more like a prompted diatribe.
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Old 08-12-2003, 11:34 AM   #9
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dola, that was hardly an "interview." it was more like a prompted diatribe.


And that sounds nothing like an O'Reilly interview
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Old 08-12-2003, 11:47 AM   #10
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Originally posted by Easy Mac
And that sounds nothing like an O'Reilly interview

O'Reilly doesn't need prompting....
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Old 08-12-2003, 01:01 PM   #11
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First of all, don't shoot the messenger. The interview was done on a website called "AlterNet". How unbiased do you think they're going to be?

Secondly, Al Franken is funnier than Michael Moore. Less abrasive than Michael Moore. He also doesn't whine as much as Michael Moore. I might actually listen to a talk show with Al Franken, though I think it would be tough for him to do three hours a day.

Thirdly, Fox News has held the trademark to "fair and balanced" since 1995. This might be a tough case for Franken to win. I guess it all depends on the judge and whether or not the term, as used, constitutes a trademark infringement.
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Old 08-12-2003, 01:30 PM   #12
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Originally posted by CamEdwards
Thirdly, Fox News has held the trademark to "fair and balanced" since 1995. This might be a tough case for Franken to win. I guess it all depends on the judge and whether or not the term, as used, constitutes a trademark infringement.


I'm pretty sure that satire and parody are specifically permitted "fair use" exceptions to copyright and trademark infringements, and thus Fox would have to prove that Franken's use is not satire or parody to win. And it obviously is, so I don't see that Fox has a legitimate case.
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Old 08-12-2003, 01:41 PM   #13
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I don't get it - isn't he using the term in the title because FOX news is well known as the most unfair and least balanced news on this side of Al-Jazeera (excuse the spelling)?

"Fox claims the use of the phrase is intended to confuse the public and boost book sales. "
I'm sure it's intended to make fun of FOX news, there is little doubt of that, but the boost sales angle seems ludicrous. They just happen to be a good target due to their policies, not the catchiness of their motto's.
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Old 08-12-2003, 01:46 PM   #14
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That Alternet "interview" was pathetic. Not because of what anybody said, but just how it seemed like the "interviewer" would set the pins up and Franken would knock them down. I don't watch a bunch of news TV, but before I get flamed, I think the conservatives do the exact same thing. I'm currently reading a book about Scotty Reston (who is one of the most famous American journalists of all time), and it's hard to believe how much journalism has fallen. Nothing but politics it seems.
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Old 08-12-2003, 02:12 PM   #15
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I think a key issue may be whether Franken's use is part of the book or part of its advertising. Commercial speech enjoys significantly less freedom to parody or satire. If a court decided that Franken is using the phrase as advertising on the cover and not as part of its text, then he could be hurting.

This is all just speculation, but a Vana White (sp?) parody case was significant on this issue if I remember right.
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Old 08-12-2003, 02:55 PM   #16
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I think this is just Fox News throwing a hissy fit. I mean...come on. You know...come on!

But seriously, the title of the book is "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right". Couple that with what the cover of the book looks like (a news room) and it's obviously a parady of the Fox News network.

People really need to learn to just calm down. Don't agree with someone? Sue them!

And I thought "Why Not Me?" was one of the funniest books I ever read.
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Old 08-12-2003, 03:46 PM   #17
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To avoid the appearance of hypocrisy, conflict of interest, and legal liability, I am sure that Fox will be deleting all satirical references to trademarked products and copyrighted works from its sitcoms this season.
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Old 08-12-2003, 04:30 PM   #18
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Could he just switch the words up to "Balanced and Fair?" He is getting enough free publicity now, that it is probably worth it either way.
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Old 08-12-2003, 05:02 PM   #19
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Was this really a surprise though?
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Old 08-12-2003, 10:22 PM   #20
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This is a win/win/win for Franken. Fox has very little chance to win this lawsuit, they have given Franken millions of dollars in free publicity and they aren't evening winning the "spin" battle in the lawsuit. In the lawsuit, they actually used the words "intoxicated or deranged" and "shrill and unstable" in describing Franken. How "fair and balanced" is that? It's almost enough to make me want to watch Fox News to see how they are covering the story. Of course, I would then have to shower.

Franken definitely gets the award at this point for best quote:
Quote:
"As far as the personal attacks go, when I read 'intoxicated or deranged' and 'shrill and unstable' in their complaint, I thought for a moment I was a Fox commentator.

Franken has truly exposed O'Reilly for what he is. He has pounced on O'Reilly's half-truths and exaggerations, which has been a El Rushbo trademark for years, and basically treated O'Reilly the way O'Reilly treats people who come on his show, and O'Reilly immediately starts pouting and namecalling.
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Old 08-13-2003, 02:18 AM   #21
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Fox's real moto, "we distort, you obey"
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Old 08-13-2003, 04:22 AM   #22
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Quote:
Originally posted by Sharpieman
Fox's real moto, "we distort, you obey"


You could use that motto for just about any news organization, not just Fox.
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Old 08-19-2003, 11:10 AM   #23
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http://forums.fark.com/cgi/fark/comments.pl?IDLink=616893
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Old 08-19-2003, 12:15 PM   #24
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Pretty funny.
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Old 08-19-2003, 12:29 PM   #25
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not my favorite, but the most FOFC themed

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Old 08-19-2003, 02:55 PM   #26
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I thought we stopped using "Pinko" and "Commie" as an insult when the Berlin Wall fell.

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Old 08-19-2003, 02:57 PM   #27
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Quote:
Originally posted by sterlingice
I thought we stopped using "Pinko" and "Commie" as an insult when the Berlin Wall fell.

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They're probably still in Jeremy Shockey's bag of insults.
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Old 08-19-2003, 03:47 PM   #28
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Communisms good now? I didn't get that memo.
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Old 08-19-2003, 03:59 PM   #29
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Communisms good now? I didn't get that memo.
Not good necessarily, just a tired old worn out joke.

Like Jeff Foxworthy...
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Old 08-19-2003, 04:16 PM   #30
GrantDawg
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Originally posted by Subby
Not good necessarily, just a tired old worn out joke.

Like Jeff Foxworthy...


If you make a joke about communism on a text-sim football board.....you might be a red-neck.

Nope. Still not funny.

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Old 08-22-2003, 06:24 PM   #31
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A big victory for Franken - the judge says that Fox's motion for an injunction is "wholly without merit":

http://story.news.yahoo.com/news?tmp...media_fox_dc_6
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Old 08-22-2003, 07:18 PM   #32
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Well, really- it is without merit. So at least this is how it should be. There are two lines I love out of this:

Quote:
Fox argued in its suit that the cover's tag line, "A Fair and Balanced Look at the Right," was used to confuse consumers.
Do you really have that little respect for the people who watch your station? It sounds like "We don't want them accidentally buying something that we haven't sanitized first".

Quote:
"There is no way that any person not completely dense would be confused by this cover to think that Fox was accusing O'Reilly of being a liar," he said.
BWAHAHA! Some lawyer just hauled off and called the other lawyer and the people they are trying to protect "dense". That's too funny. With all the politically correct things lawyers say, it's the equivalent of "ARE YOU AN F'ING IDIOT?!?"

btw, these are from the longer version of the story: Expanded Story

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Last edited by sterlingice : 08-22-2003 at 07:19 PM.
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Old 08-22-2003, 08:33 PM   #33
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Quote:
Originally posted by Subby
Not good necessarily, just a tired old worn out joke.

I don't know about you but I'll continue to fight Communism until they pry it from my cold dead hands. We cannot become complacent or let our guard down for even an hour. We must remain diligent, on guard, alert, and above all (and make no mistake about it), we must stay the course. That last part is the part the kids of today often forget, to stay the course. Anyway, my point is that even though there are fewer Communists hiding beneath our beds since the fall of the Soviet Union, we must continue to remain afraid of any person or persons that might talk or look funny to us, especially if they are a Communist.
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Old 08-22-2003, 10:07 PM   #34
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One judge, one opinion.

Here's hoping an appeal will bitchslap the p.o.s. Franken as hard as he deserves.
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Old 08-23-2003, 12:14 AM   #35
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I like the fact that Franken had to apologize to John Ashcroft... for lying to him.

That makes me smile.
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Old 08-23-2003, 02:46 AM   #36
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Originally posted by JonInMiddleGA
One judge, one opinion.

Here's hoping an appeal will bitchslap the p.o.s. Franken as hard as he deserves.


You *honestly* think that it's not obvious this isn't parody and covered by "fair use" law? You honestly think the reading public will mistake this book as being from Fox?!?

Put your politics aside and look at the damn facts! Should I sign you up for the 6pm or 7pm shift on the John Ascroft Book(Burning) Mobile? HE'S NOT BREAKING ANY LAW! You can't just stop books from being published because you disagree with them!

SI
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Last edited by sterlingice : 08-23-2003 at 02:48 AM.
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Old 08-23-2003, 12:25 PM   #37
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Fox got exactly what they wanted and expected out of this and probably doesn't mind having helped out Al along the way.
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Old 08-23-2003, 02:26 PM   #38
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Sorry Sterling, but I don't believe anyone has the right to misuse a trademark in this fashion.

The fact that it's being done by a left-wing p.o.s. like Franken just makes it more fun to pick at. Anything that discomfits him or his ilk in any way is a plus.
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Old 08-23-2003, 02:49 PM   #39
sterlingice
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Quote:
Originally posted by JonInMiddleGA
Sorry Sterling, but I don't believe anyone has the right to misuse a trademark in this fashion.

The fact that it's being done by a left-wing p.o.s. like Franken just makes it more fun to pick at. Anything that discomfits him or his ilk in any way is a plus.


Parody is clearly a part of "fair use"- there's only about a billion legal prescedents and you think those should all be thrown out the window because you disagree with the man's politics?!? I'm sorry, but you are 100% wrong in this matter.

Quote:
Originally posted by Ufer
Fox got exactly what they wanted and expected out of this and probably doesn't mind having helped out Al along the way.


This, on the other hand, is very true, tho it does look a little like Fox got egg on their face. Still, both sides got a lot of free publicity. Or at least free minus legal fees

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Last edited by sterlingice : 08-23-2003 at 02:55 PM.
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Old 08-23-2003, 03:19 PM   #40
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"Sorry Sterling, but I don't believe anyone has the right to misuse a trademark in this fashion."

Parody is protected under fair use. I'm not sure how many times you need to be told this before you finally get. I just hope this one time helps it move it closer to your requirement.

I'll throw one big one in in case it's needed. PARODY IS PROTECTED UNDER FAIR USE!

It's amazing how people just don't fucking get it. Is it _really_ that hard to understand?
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Old 08-23-2003, 05:35 PM   #41
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Hey sabotai, you get two choices here --

You can either realize that I didn't say anything about parody in my reply, since it would be neccessary to read a significant portion of the work itself to determine the amount of transformative use therein. It seems quite possible that the cover, if considered as part of the whole, could fail the parody test see, e. g., Fisher v. Dees, supra, at 437; MCA, Inc. v. Wilson, 677 F. 2d 180, 185 (CA2 1981) as something which the alleged infringer merely uses to get attention.

Or alternately, you can go screw yourself

Maybe next time, try thinking about what was actually said before getting your panties in a wad. Otherwise they'll get real uncomfortable when you wet the bed later.
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Old 08-23-2003, 06:00 PM   #42
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Quote:
Originally posted by clintl
A big victory for Franken - the judge says that Fox's motion for an injunction is "wholly without merit":

http://story.news.yahoo.com/news?tmp...media_fox_dc_6


More importantly, the thing is a huge victory for the publisher...because I guarantee a lot of folks are going to buy the book just as a result of the controversy.
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Old 08-23-2003, 06:38 PM   #43
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"More importantly, the thing is a huge victory for the publisher...because I guarantee a lot of folks are going to buy the book just as a result of the controversy."

I probably will. I usually buy Franken's books because although I couldn't disagree with his politics more, he's a very funny guy and his books are very amusing.

I didn't even know about the book until Fox sued him. Thanks for letting me and millions of other people know that Franken was releasing another book. I owe you one Fox News.

Last edited by sabotai : 08-23-2003 at 08:35 PM.
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Old 08-23-2003, 08:49 PM   #44
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Quote:
Originally posted by WussGawd
More importantly, the thing is a huge victory for the publisher...because I guarantee a lot of folks are going to buy the book just as a result of the controversy.


Secretly, Al Franken has compromising pictures of Bill O'Reilly and it was time to pay the piper

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